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2A | WEDNESDAY, MARCH 17, 2021 | APPEAL TRIBUNE Lawsuits seek $1 billion from Pacific Power Zach Urness Salem Statesman Journal USA TODAY NETWORK Two lawsuits filed Wednesday ask for more than $1 billion in damages from Pacific Power claiming negligence for igniting wildfires in the Santiam Canyon, according to court records filed in Marion County. The two lawsuits represent over 100 different people impacted by the Bea- chie Creek Fire. The two law firms leading the effort, Edelson PC and Johnson Johnson Lu- cas and Middleton, say Pacific Power, doing businesses as PacifiCorp, “failed to safely design, operate, and maintain its infrastructure leading to the fire.” They also allege that PacifiCorp failed to heed warnings from the Na- tional Weather Service about the im- pending “historic” high winds and ex- treme drought conditions, the two law firms wrote in a statement. Pacific Power said in a statement that it does not comment on pending litigation. It’s at least the third lawsuit filed against the utility in the wake of one of the most damaging events of the Labor Day fires last September, and it won’t be the last, said Edelson PC partner Chris Dore. “This is just the beginning,” Dore said. “We are planning to file additional lawsuits with hundreds of other clients who’ve been impacted.” The lawsuit filed Wednesday in- cludes two lawsuits with 50 people at- tached to each. Among those named in the suit: - Rickey and Ute Thomas, who lost their home of 25 years in Lyons, along with numerous pets, family heirlooms and important marriage and property title documentation, the law firms said. - Rita Perkins, who lost a home of 60 years in Lyons, along with a boat, vehi- cle, and woodworking shop. - Darrel Bush, Desiree Olsen and Ste- ven Olsen, who lost a home of 13 years in Gates, along with three cars, four large sheds, and a collection of working tools. What do the lawsuits say? These two lawsuits generally follow the same narrative as previous law- suits, citing a Pacific Power decision not to shut down power lines when the National Weather Service issued an “extremely critical” fire warning in ad- vance of Labor Day. Other utilities, including PGE and Consumers Power Inc. did shut down power due to the historically high and dry winds. “The Beachie Creek fire could have been prevented had PacifiCorp proper- ly maintained its equipment or institut- ed a public safety power outage,” the lawsuit says. “Instead, PacifiCorp kept its improperly maintained power lines energized even after receiving a multi- tude of warnings days before high winds toppled its improperly main- tained electric infrastructure.” The lawsuits cite the Statesman Journal’s reporting on multiple occa- sions. A final investigation that looks at the cause of the wildfires is expected in coming months or years from the U.S. Forest Service. “We believe we have more than enough information to move forward on a good faith basis,” Dore said. “The investigation will likely become a part of the story, but not all of it. We feel comfortable with the facts we know now including what was known ahead, during and after the fires.” What fires were involved in the Santiam Canyon? There were three different fire events that ravaged the Santiam Can- yon and areas east of Salem on Labor Day night. The Lionshead Fire was active around Mount Jefferson. Labor Day night, historic east winds pushed the fire all the way to Detroit. The Beachie Creek Fire was active in the Opal Creek Wilderness and blew up on the winds as well, torching the wil- derness and recreation area, Jawbone Flats, the Little North Santiam Canyon and perhaps beyond. A third firestorm was ignited by downed power lines in towns such as Gates and Mill City — known as the Santiam Fire — and was blamed by fire- fighters for widespread impact within towns and cities. The Santiam Fire was later renamed the Beachie Creek Fire since the two had merged and were managed by the same team. Address: P.O. Box 13009, Salem, OR 97309 Phone: 503-399-6773 Fax: 503-399-6706 Email: sanews@salem.gannett.com Web site: www.SilvertonAppeal.com Staff News Director Don Currie 503-399-6655 dcurrie@statesmanjournal.com Advertising Westsmb@gannett.com Deadlines News: 4 p.m. Thursday Letters: 4 p.m. Thursday Obituaries: 11 a.m. Friday Display Advertising: 4 p.m. Wednesday Legals: 3 p.m. Wednesday Classifieds: 4 p.m. Friday News Tips The Appeal Tribune encourages suggestions for local stories. Email the newsroom, submit letters to the editor and send announcements to sanews@salem.gannett.com or call 503-399-6773. Classifieds: call 503-399-6789 Retail: call 503-399-6602 Legal: call 503-399-6789 Missed Delivery? Call: 800-452-2511 Hours: until 7 p.m. Wednesdays; until 3 p.m. other weekdays To Subscribe Call: 800-452-2511 $21 per year for home delivery $22 per year for motor delivery $30.10 per year mail delivery in Oregon $38.13 per year mail delivery outside Oregon Main Statesman Journal publication Suggested monthly rates: Monday-Sunday: $22, $20 with EZ Pay Monday-Saturday: $17.50, $16 with EZ Pay Wednesday-Sunday: $18, $16 with EZ Pay Monday-Friday: $17.50, $16 with EZ Pay Sunday and Wednesday: $14, $12 with EZ Pay Sunday only: $14, $12 with EZ Pay To report delivery problems or subscribe, call 800-452-2511 To Place an Ad Published every Wednesday by the Statesman Journal, P.O. Box 13009, Salem, OR 97309. USPS 469-860, Postmaster: Send address changes to Appeal Tribune, P.O. Box 13009, Salem, OR 97309. PERIODICALS POSTAGE PAID: Salem, OR and additional offices. Send letters to the editor and news releases to sanews@salem.gannett.com. What happens next? The collection of lawsuits could be consolidated with others as it makes its way through the courts. But unless it’s dismissed by a judge, it will likely move into the discovery phase of the trail. “It’s unfortunately a slow process,” Dore said. This particular lawsuit is known as a “mass action” in that each individual is named, instead of a larger class action. “We think the best vehicle to repre- sent clients is to represent them on their own two feet so that their stories are present in litigation and they don’t feel swept up into one big process,” Dore said. The process could take years. Dore said Edelson PC represented thou- sands of people in lawsuits against PG&E related to California’s deadly Camp Fire in 2018 and that process is only now coming to a conclusion. “There’s no cookie cutter way to do this,” Dore said. “Our goal is just to reach a resolution that compensates our clients fairly.” Zach Urness has been an outdoors re- porter, photographer and videographer in Oregon for 13 years. . Urness can be reached at zurness@StatesmanJour- nal.com or (503) 399-6801. Find him on Twitter at @ZachsORoutdoors. Firefighter paramedic Grayson Engels-Smith performs a check on an engine on Wednesday, Dec. 2, 2020 at Marion County Fire District No. 1 in Salem, Oregon. The district has made large budget cuts after two of its operational levies failed in the past two elections. ABIGAIL DOLLINS / STATESMAN JOURNAL Firefighters Continued from Page 1A the 71 cents per $1,000 failed 51% to 48%. McMann said the district has filed for a third levy on the May 18 ballot, this time asking for 59 cents per $1,000 of assessed value over five years. If passed, it will allow the district to hire nine firefighters to be placed at the Middle Grove station on Cordon Road, which serves much of the east Salem area. Approximately 30,000 people who live outside the city limits in east Salem are covered by the district. “Obviously it’s a risk for us to go out (to voters), but the call volumes, the in- creasing response times and the low number of career responders we have, we have to,” McMann said. “We slimmed it down. We’re only asking for 59 cents to put one dedicated engine company in service so we will always have a medic unit available for transporting at all times.” Bill Poehler covers Marion County for the Statesman Journal. Contact him at bpoehler@statesmanjournal.com or Twitter.com/bpoehler. Bias Continued from Page 1A sentences a person to community ser- vice for those crimes to include habitat restoration or maintenance of outdoor recreation facilities, and anti-bias train- ing. More than a dozen people testified in support of the bill during two public hearings before the Senate Committee on Energy and Environment. “I’ve had my brake lines taken out, I’ve been shot at twice, I’ve been left with notes saying you’re not allowed in this part of the forest,” said Portland hunter and outdoor enthusiast Chad Brown, who is African American. Portland resident Pamela Slaughter, also African American, described trying to share her joy in nature with her chil- dren, and being surrounded and threat- ened by members of a white suprema- cist group on a trail at Multnomah Falls. “My kids didn’t grow up like me feel- ing it was a wonderful place. They grew up feeling it was a scary place,” she said. Officials are still figuring out how the ban would be enforced. For example, Oregon Parks and Rec- reation employees would need a way to check identities of people who make reservations in the park system, and then to contact them if they don’t have access, spokesman Chris Havel said. Parks employees also don’t have the ability to eject or detain people, so would need to contract with law enforcement to do that. It’s uncertain how much all that would cost. Families recently visiting one of the Silver Falls State Park viewpoints were able to maintain social distancing between groups. OREGON PARKS AND RECREATION DEPARTMENT The bill is supported by Oregon State Police, the Oregon Department of Fish and Wildlife, and the Oregon State Ma- rine Board. “The intention behind SB 289 is to de- ter people from acts of hate perpetrated against their fellow outdoor enthusi- asts,” said Shannon Hurn, ODFW depu- ty director. “The hope is SB 289 acts as a further deterrent, affording everyone the right to experience Oregon’s natural environ- ment, without fear of harassment or vio- lence.” Tracy Loew is a reporter at the States- man Journal. She can be reached at tloew@statesmanjournal.com, 503- 399-6779 or on Twitter at @Tracy_Loew.
